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bobby (citizen)     25 March 2013

Canadian citizen groom/indian bride-divorce situation.

I am a canadian citizen and got married in India last year in March. This was a second marriage for both of us, me being divorced and she a widow.  she also have a son from her first marriage. It was a simple religious ceremony with very close family present.  There was neither a demand for dowry nor any given. I have sponsored her and her son to come to canada and the application is in process.  It was an arranged marriage through matrimonial in newspaper and my family trusted all the information provided by the bride's family and did not conduct any inquiry etc. about her background and behaviour.  Now I have found out that she is having an affair with her ex-employer.  She is living with her parents and has been receiving regular financial support from me.  Her behaviour and attitude has changed dramatically ever since I left India and came back to canada.  The demand for money is getting bigger and more frequent.  After seeing all this, I want to get a divorce, but I am scared for my parents.  I know in India, if she wants, she can harass my family bu putting some false allegations etc.  My parents are old and not in very good health.  I do not wish that they be harrased or troubled in any way because of my situation.  
I want to know that, if she does not agree for a divorce and decides to so called "teach me a lesson".  What kind of situation she can put my parents into?  I know that she can not reach me because I am in canada.  But she knows that I love my parents a lot and will try to mentally torture me indirectly.  I want to know if it comes to worst case scenario, what kind of hardship she can put my parents into?  If there is something I can do preemptively to shield my parents and my siblings.
Please advise.



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 10 Replies

Manish Udar (www.Mehnat.IN)     25 March 2013

If you are planning to never come back to India then you don't have a lot to worry about. Parents are usually rarely convicted, though they may have to undergo one or two days in custody in rare cases.

 

www.mehnat.in/wives.html

AV Bagur Advocate (Advocate )     25 March 2013

Unless you get a proper divorce you can be in trouble whether you are in Canada or in Timbuktu. Your  parents need not worry much about dowry case as the Courts now understand the abuse of the law relating to dowry - nevertheless,  as a measure of precaution, they can be protected through a process of anticipatory bail followed a regular bail in worst case scenario.  Get in touch with a proper lawyer who will help you with the matter as other wise once the case snow balls into a full fledged battle you won't be having time to do all that is requried to protect your interests. avbagur@gmail.com

bobby (citizen)     25 March 2013

Thanks for your advice.  I really appreciate it.  I guess i better start preparing for the worst case outcome.

Manish Udar (www.Mehnat.IN)     25 March 2013

It is good to prepare, but do everything calmly.

www.mehnat.in

ragz hyder (PM)     25 March 2013

You can apply for divorce in Canadian court. usually these are simpler and might mean only dividing assets earned during the marriage which might not be substantial between the two. Check with attorney might differ from state to state as well.

You can sponsor your parents for GC in canada or the super visa and get them there.Guess they can stay for 2 years. Work through a GPA in India on AB, petition/Civil injuction for all involved in mean time. Atleast in Canada they would be out of harms way.

once divorce in Canada, you are a canadian citizen being tried on Indian soil for issues which are not illegal in Canada. If worse gets to worst you can contact canadian embassy. with citizenship you are much Safer

ragz hyder (PM)     25 March 2013

If you have resources you could probably implicate her in Canada as she is doing in India for criminal implications, domestic torture etc..if she can bar u in india u can reciprocate the same in canada

People in this forum should wake up along with other groups like sahodar and consider a PIL against the govt of India and 498A or a class action lawsuit

AV Bagur Advocate (Advocate )     28 March 2013

 

Successive judgments by various courts and more particularly by the Supreme Court has considerably watered down the rigours of S. 498a.  So it is no longer as venomous a provision as it was a couple of years ago.  Nevertheless, a class action suit is not maintainable in such matters.  A PIL can be considered, but there have been enough PILs on this issue so the new one has to be really NEW to be admitted and heard by the Courts.  

On the contrary, instead of going for more PILs and breast beating, better course of action would be to sanitize the citizens in general and young couples in particular about the laws.  In the worst case scenario a counter claim from the groom on the bride and her family would deter frivolous and vexatious litigations.

bobby (citizen)     28 March 2013

Would she be able to claim any part of my inheritence(i.e. my parents assets etc).  If yes, what are my options?  Should I ask my parents to give an advertisement in the newspaper dismissing me from their will.  And maybe they can also add that they do not want any relationship with me.  Would that protect them from being hassled by the authorities?

Manish Udar (www.Mehnat.IN)     28 March 2013

What will you do if one day your parents advertise in the paper that they are "dismissing" you from their will, and next day they die?

www.mehnat.in

bobby (citizen)     29 March 2013

I do not really care if I get anything or not.  By the grace of god, I have everything that I need in life and also there is no end to greed.  I am satisfied as far as my material life is concerned.  My only wish is that my parents should not have to go through any hardship because of my situation in their old age.  I only want them to have a peaceful life, not involved in any legal, police matters.  this is my only concern.  I have asked them to come to canada and stay with me for some time, but they feel their health does not allow them to travel such long distances any more.  


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